Legal Opinion

Atwood v. Rhode Island Hospital Trust Co.

Court of Appeals for the First Circuit

Decided January 14, 1921No. 1479Published

Appeal from the District Court of the United States for the District of Rhode Island; Arthur L,. Brown, Judge. Suit by Kate Atwood and another against the Rhode Island Hospital Trust Company and others. From a decree dismissing the bill {264 Fed. 360), plaintiffs appeal.

1Opinion

On Rehearing.

ANDERSON, Circuit Judge.

Since our opinion in this case was handed down, on January 14, 1921, a rehearing has been had upon the question whether, in the absence of Amelia Burgnon, a decree may be so framed as to do justice between the parties now before the court without injuriously affecting her rights. This question was not presented at the previous hearing. It has now been called to our attention that the. record discloses that Amelia Burgnon is not a resident of Rhode Island and is without the jurisdiction of the court, and it is conceded that she is probably now residing in…

2Cases cited80 opinions

  1. Waterman v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1909
  2. Payne v. HookSupreme Court of the United States · 1869
  3. Supreme Tribe of Ben-Hur v. CaubleSupreme Court of the United States · 1921
  4. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  5. Barney v. Baltimore CitySupreme Court of the United States · 1868

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